State of Tennessee v. Susan Renee Bise (Concurring)

Court Description: Judge Glenn, Judge Woodall, and I all agree that the trial court inappropriately applied a single enhancement factor when considering the defendant s sentence. I write separately because each of us has different opinions as to what process should be used in determining the end result in circumstances in which the trial court inappropriately applied a single enhancing factor. Because I believe the trial judge is closer to the case, I would prefer to remand this case to the trial court for resentencing. I do not have that option as a result of my other two colleagues decisions. Therefore, with the trial court not having a presumption of correctness, I have reviewed the case de novo and, after giving consideration to the principles of sentencing, have concluded that the defendant s appropriate sentence is two years. The result that I reached is the same reached by Judge Glenn s opinion announcing the decision of the court. However, I think Judge Woodall has expressed appropriate concerns about the language contained in that opinion.